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Joya v.

PCGG
Facts: Petitioners, as taxpayers and citizens, seek to enjoin the
PCGG from proceeding with a previously held auction sale of the Old
Masters Paintings and 18th and 19th century silverware seized from
Malacanang and the Metropolitan Museum of Manila and placed in
custody of the Central Bank.
Petitioners raise the following issues:
- Whether petitioners have legal standing to file the
petition
o NO > not owners, no public disbursement of funds
o No personal and substantial interest such that they
will sustain direct injury
o Interest of the party must be personal
o Having failed to show that they are the legal owners
or that the subject pieces are publicly owned,
petitioners do not possess any clear legal right
whatsoever to question their alleged unauthorized
disposition
- Whether the painting and silverware are

embraced in the phrase cultural treasure of


the nation which is under the protection of the state

o Preserve and protect cultural treasures


o Exceptional historical and cultural significance
o Director of the Museum has the authority to certified
that the Italian paintings and silverware are do not
constitute protected cultural properties not among
those listed in the cultural properties register of the
national museum
Whether the paintings and silverware are properties of

public dominion
o NO. paintings were donated by private persons to the
o
o

metropolitan museum of manila > ownership


belongs to the museum
Silverware given to Marcoses as a gift

the jurisdiction and authority


to enter into an agreement with Chrisities of

Whether PCGG has

New York for the sale of the artworks


Whether the PCGG has complied with

the due

process clause and other statutory requirements for


the exportation and sale of the subject items

Whether the petition has become

moot and

academic
o Auction has already occurred > moot and academic
> no justification, does not amount to paramount
public interest > no ground to relax the rule on
deciding moot cases

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